Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Jeffco/Lakewood Week 3 > Article 3 > Flashcards

Article 3 Flashcards

1
Q

What are the Crimes Against Persons? (5)

A
  1. Homicide
  2. Assault
  3. Kidnapping
  4. Unlawful sexual behavior
  5. Felony menacing
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

How many Homicide Related Offenses in Colorado are there?

A

5

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What are the Homicide Related Offenses in Colorado?

A
  1. 1st degree murder
  2. 2nd degree murder
  3. Manslaughter
  4. Criminally negligent homicide
  5. Vehicular homicide
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Homicide Definition

A

Killing of a person by another person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Persons Definition

A
  1. Referring victim of homicide
  2. means a human being who had
    been born and was alive.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Position of trust Definition

A
  1. any person who is a parent or
  2. acting in the place of the parent
  3. and charged with rights, duties,
    or responsibility concerning a
    child
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

after deliberation definition

A
  1. not only intentionally
  2. decision to commit the act has been made after
  3. the exercise of reflection and judgement concerning the act
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

How many First Degree Murders are there in Colorado?

A

6

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What are the (6) First Degree Murders in Colorado?

A
  1. First Degree murder
  2. Perjury
  3. extreme indifference
  4. Death Caused by drugs Sold to a
    minor up/near school grounds
  5. Death of a child uner 12 one in a
    position of trust
  6. First Degree murder of a Peace
    officer/Firefighter
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

The (1) of the (6) 1st degree murder charges that ONLY REQUIRES INTENT

A

1st Degree murder

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

1st Degree Murder: CRS 18-3-102 -Class 1 Felony

A
  1. Intentionally causes the death of another person.
  2. After deliberation
  3. NOT upon impulse.

Way weapon is used may be strong circumstantial evidence of deliberation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Can you prove 1st degree murder deliberation part with just circumstantial evidence.

A

YES

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

In what ways can a weapon is used may be strong circumstantial evidence of deliberation examples

A
  1. Spring guns
  2. Bomb
  3. Ambush
  4. Poison
  5. Lying-in-wait
  6. Torture
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

“Take your victim as you find them” (Legal Theory) not Statute

A
  1. Victims suffering from infirmities
  2. that die as a result of the accused’s conduct
  3. can give rise to a 1st degree murder charge.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Is there an affirmative defense for “Take your victim as you find them” (Legal Theory) not Statute

A

No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Independent Intervening Cause
(Legal Theory)

A
  1. The death must be the natural
    and probable consequence of
    an unlawful act
  2. In which the offender
    participates.
  3. No defense and must be gross negligence
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Perjury Class 1 Felony

A
  1. Offender caused conviction and
    execution of
  2. An innocent person
  3. Because offender perjured
    himself or suborned (got
    another to commit perjury)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Extreme Indifference To Value Of Human Life Class 1 Felony

A
  1. Offender under circumstances
    evidencing an attitude of
    universal malice
  2. Knowingly
  3. Engaged in conduct which
    created a grave risk of death to
    persons other than himself
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Death Caused By Drugs Sold to Minors Upon/Near School
Grounds

A
  1. Offender, knowingly
  2. Distributed/dispensed/sold
  3. A controlled substance
  4. To a person under 18
  5. Upon or within 1000 feet of
    public or private
    elementary/vocational/junior
    high/high school
  6. And the death of such person
    was caused by the use of the
    controlled substance
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Death of A Child under 12 by One in A Position of Trust

A
  1. Offender, knowingly
  2. Caused death of a person under
    12 and,
  3. Offender was one in a position
    of trust
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Death of A Child under 12 by One in A Position of Trust

A
  1. Any person who is a parent or
    acting in the place of a parent
  2. and charged with parent rights
    and duties; responsible for
    general supervision of a child’s
    welfare;
  3. responsible for health,
    education, or supervision of a
    child, including foster care, child
    care, or institutional care
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

First Degree Murder of a Peace Officer/ Firefighter

A
  1. Offender committed 1st degree
    murder in any of the above
    ways;
  2. Of a peace officer or firefighter;
    Who was engaged or acting in
    performance of any duty,
    whether or not peace
    officer/firefighter was within his
    territorial limits of his
    jurisdiction; AND
  3. Peace officer/firefighter was in
    uniform; OR
  4. Person committing the assault
    knew or reasonably should have
    known victim was a peace
    officer/firefighter
    ** life in prison, natural life
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

2nd degree murder

A
  • Offender, knowingly (other than
    heat of passion);
  • Caused the death of another.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

2nd degree murder mental state

A

knowingly

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

is heat of passion a defense?

A

No, but successfully argued the defendant gets a lower class of felony and they do less time

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

Heat of passion under 2nd degree murder

A
  1. Offender, knowingly
  2. Caused death of another
  3. Where act of death was
    performed under a sudden heat
    of passion and was,
  4. Caused by a highly provoking
    act of the intended victim
  5. Which affected offender
    sufficiently to excite an
    irresistible passion in a
    reasonable person;
  6. And there was no interval
    between the provocation and
    killing sufficient for the voice of
    reason and humanity to be
    heard.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

Heat of passion defense reduces the 2nd degree murder charge from class 2 felony to class 3 felony.

A

True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

Does Heat of Passion elements apply in 2nd degree assault

A

Yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

“Independent Intervening Cause” is a valid defense to 2nd degree murder

A

True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

Felony Murder Rule

A
  • Offender while committing or attempting to commit
  • Arson, robbery, burglary, kidnapping, sexual assault or crime
    of escape
  • During course of the crime or immediate flight therefrom
  • Anyone caused
  • The death of another person, other than one of the
    participants
  • State must prove offender involved in one of the prohibited
    crimes
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

What are the Brakes crimes?

A
  1. Arson,
  2. robbery
  3. burglary
  4. kidnapping
  5. sexual assault
  6. crime of escape
32
Q

Statutory Defenses for Felony Murder

A
  1. not the only participant in
    crime;
  2. did not solicit, command or
    encourage, cause or aid
    in the commission of the act;
  3. not armed with a deadly
    weapon;
  4. did not have reason to believe
    another
  5. participant was armed with a
    deadly weapon, instrument,
    article or substance.
33
Q

What are the 2 components of 2nd degree murder

A
  1. Heat of passion
  2. Felony Murder Rule
34
Q

Can you argue heat of passion for Manslaughter?

A

Yes

35
Q

Manslaughter guilty mental state

A

recklessly caused death of another

36
Q

Suicide under manslaughter

A
  • Offender, intentionally
  • Caused or aided
  • Another person to commit suicide
  • “Medical directives” do not apply to the suicide
    provision
37
Q

Criminally Negligent Homicide

A
  • Offender, Killed another person,
  • By conduct amounting to
    criminal negligence (failure to
    perceive a risk),
  • Gross deviation from the
    reasonable care standard,
  • Most common defense to this
    charge is “accidental killing”.
38
Q

Vehicular Homicide

A
  • Offender
  • Operated a motor vehicle
  • In a reckless manner (Class 4 felony) or
  • While under the influence (Class 3 felony) of
    alcohol/drugs/or both
  • Such conduct was the proximate cause
  • Of the death of another person
39
Q

Proximate cause defined:

A
  1. You Don’t need to be the main
    cause of death, can be direct.
  2. “But for” the conduct of the
    offender, the death would not
    have occurred (the “But For”
    Rule).
  3. But for rule
40
Q

Vehicular Homicide

A
  1. A level of .08 BAC creates a
    presumption that the person
    was under the influence.
  2. Officer may request the driver
    take a chemical test (blood,
    breath for alcohol and urine for
    drugs).
  3. Officer chooses the type of test
    (vehicular assault/vehicular
    homicide).
  4. May get samples of
    blood/urine/saliva from medical
    providers.
41
Q

Assault Related Offenses (6)

A
  1. 1st degree assault
  2. 2nd degree assault
  3. 3rd degree assault
  4. Vehicular assault
  5. Criminal menacing
  6. Criminal extortion
42
Q

1st Degree assault different parts (6)

A
  1. 1st degree assault
  2. Disfigurement
  3. Extreme Indifference
  4. Assault Against Peace
    Officer/Firefighter
  5. Assault Against Judge/Officer of
    Court
  6. In Custody
43
Q

Assault in the 1st Degree

A
  • Offender, with intent
  • To cause serious bodily injury
  • Caused serious bodily injury
  • With a deadly weapon
44
Q

Disfigurement

A
  1. Offender, with intent;
  2. To disfigure a person seriously and
    permanently (to destroy amputate
    or disable permanently a member or
    organ of his body);
  3. Caused that injury to the victim.
45
Q

Extreme Indifference to Life

A
  1. Offender, knowingly;
  2. Engaged in conduct which
    created grave risk of death to
    another;
  3. Under circumstances
    manifesting extreme
    indifference to value of life;
  4. Caused serious bodily injury to
    another.
46
Q

Assault Against Peace Officer/Firefighter

A
  1. Offender, with intent to cause
    serious bodily injury;
  2. To a peace officer or firefighter;
  3. Threatened a peace officer or
    firefighter with a deadly
    weapon;
  4. While victim engaged in
    performing duties;
  5. Offender knew or reasonably
    should have known victim was a
    peace officer or firefighter.
47
Q

In Custody

A
  1. Offender, while lawfully
    confined or in custody;
  2. As a result of being charged
    with/convicted of/or being
    charged/adjudicated as a
    delinquent child;
  3. Intended to cause serious bodily
    injury to a person employed
    with a detention facility or a
    person employed by the
    Department of Human
    Services/responsible for youth
    services;
  4. Threatened with a deadly
    weapon;
  5. With knowledge/reason to know
    that the victim was engaged in
    the performance of his duties.
48
Q

Assault Against Judge/Officer of Court:

A
  • Offender, with intent to cause serious bodily injury;
  • To a judge of court or an officer of said court;
  • Threatened the judge/officer of court with a deadly weapon;
  • Offender knew or reasonably should have known victim was a
    judge/officer of court.
49
Q

Assault by strangulation

A
  1. offender with intent to cause SBI and
    does
  2. applies sufficient pressure to impede
    or restrict breathing or circulation of
    the blood another person
  3. by applying such pressure to the neck
    or by blocking the nose or mouth of
    the person
50
Q

Heat of Passion Defense for 1st Degree Assault

A
  1. Victim, seriously provoked the offender;
  2. Accused caused serious bodily injury to
    victim;
  3. While in a “sudden heat of passion”;
  4. And without an interval between the
    provocation and the injury
    sufficient for the voice of reason to be
    heard.
51
Q

when can you not use heat of passion in 1st degree assault
(Legal Theory)

A
  1. A suspect cannot claim self-
    defense unless officer is using
    unreasonable force.
  2. Performance of duties means
    on or off duty in or/out of
    jurisdiction.
52
Q

Serious bodily injury:

A

1.Substantial risk of death
2.Permanent disfigurement
3.Loss of blood (severe)
4.Breaks or fractures of bones
5.Burns (2nd or 3rd degree)
6.Impairment of any part or organ
of the body

53
Q

Doctrine of Transferred intent
(Legal Theory)

A
  1. The assault was directed at
    party A and Party B was the
    victim.
  2. a suspect is not justified in using
    physical force even if the stop or
    arrest is merely unconstitutional
54
Q

2nd degree assault

A
  • only BI
  • Offender, with intent;
  • To cause bodily injury to another;
  • Caused such injury to another;
  • By means of a deadly weapon.
55
Q

Sub parts to 2nd degree assault

A
  1. Peace Officers
  2. anomaly
  3. drug inducement
    4.Custody or Confinement – Peace
    Officer/Firefighter/Judge/Officer
    of Court
  4. Detention Facility Employees:
  5. Assault with Bodily Fluids
  6. Assault by strangulation
  7. Felony Assault Rule:
56
Q

2nd degree assault: Peace Officers

A
  1. Offender, with intent;
  2. To prevent one he knew or reasonably
    should have known to be a peace
    officer/firefighter performing a lawful
    duty;
  3. Intentionally caused bodily injury to such
    person.
57
Q

anomaly rule

A
  • Offender, recklessly;
  • Caused serious bodily injury;
  • To another person;
  • By means of a deadly weapon.
58
Q

Drug Inducement:

A
  1. Offender, for purposes other than
    lawful
    medical or therapeutic treatment;
  2. Intentionally caused stupor,
    unconsciousness, or other physical
    impairment or injury to another;
  3. By administering to victim a drug,
    substance, or preparation capable of
    producing the intended harm;
  4. Without victims consent.
59
Q

Custody or Confinement – Peace
Officer/Firefighter/Judge/Officer of Court

A
  1. Offender; While lawfully confined or in
    custody as a result of being
    charged/convicted of a crime or
    charged/adjudicated as a delinquent
    child;
  2. Knowingly and violently applied
    physical force;
  3. Against any of those listed above;
  4. While in the performance of their duties;
  5. Offender knew or reasonably should
    have known the victim was any
    of the above;
  6. Confinement means the suspect is not
    free to leave for purposes of this statute.

* Suspect in custody must apply force to an officer, but there is no requirement that injury or pain result.*

60
Q

Detention Facility Employees:

A
  1. Offender, while lawfully confined or in
    custody;
  2. As a result of being charged with or
    convicted of a crime;
  3. Knowingly and violently applied
    physical force;
  4. Against an employee of a detention
    facility/employed by Department
    of Human Services/youth service
    counselor;
  5. While such person is engaged in
    performance of duties, and;
  6. Offender knew or reasonably should
    have known victim was a detention
    employee or employed as above
61
Q

Assault with Bodily Fluids:
Lawfully confined in a facility

A
  1. Offender, while lawfully confined in a
    detention facility;
  2. With intent to infect, injure, harm,
    harass, annoy, threaten, or alarm a
    person in a detention facility;
  3. Whom offender knew, or reasonably
    should have known to be an
    employee of a detention facility;
  4. Caused such employee to come in
    contact with blood, seminal fluid,
    urine, feces, saliva, mucus, vomit, or
    any toxic, caustic or hazardous
    material;
  5. By means of, including but not limited
    to throwing, tossing, or expelling such
    fluid or material;
  6. Employees include law enforcement
    and any person present performing
    services for the detention facility
62
Q

Assault by strangulation

A
  1. offender, with intent to cause bodily injury
  2. applies sufficient pressure to impede or restrict breathing or circulation of the blood of another
  3. applying such pressure to the neck; or
  4. by blocking the nose or mouth of the other person
  5. causing bodily injury
63
Q

Assault with bodily fluids outside of detention facility

A

with intent to
1. infect
2. injure
3. harm

64
Q

Felony Assault Rule:

A

Commission of/attempt to commit/flight therefrom (Brakes Plus) :
Murder
Burglary
Robbery
Arson
Kidnapping 1st degree
Escape 1st degree
Sexual assault
Class 3 felony sexual assault on child
Attempted sexual assault
* During the commission/attempt/flight of any of the above;
* Any person caused serious bodily injury to another person other than
participant.

65
Q

Brakes Plus

A

Brakes + Murder

66
Q

“BI” difference from 3 and 2nd degree assault

A

Pain is enough

67
Q

Assault in the 3rd Degree

A
  • Offender knowing or recklessly;
  • Caused bodily injury to another;
68
Q

Assault in the 3rd Degree Negligently with a deadly weapon:

A
  • Offender, with criminal
    negligence;
  • Caused bodily injury to another;
  • By means of a deadly weapon.
69
Q

Assault in the 3rd Degree Intent infect, injure, harm harass, annoy, threaten, alarm

A
  • Person whom the actor knows or
    reasonably should know to be a
    peace officer;
  • Causes such person to come into
    contact with bodily fluids; toxic
    or caustic or hazardous material
  • By throwing, tossing, or expelling
70
Q

Can Offense of 3rd degree assault may be a lesser-included offense of 2nd degree assault.

A

yes

71
Q

Are Multiple blows to the same person within a short period of time, as part of a single criminal transaction constitutes one assault?

A

Yes

72
Q

Vehicular assault

A

same as vehicular homicide accept no one dies
1. Offender, operated or drove a motor
vehicle;
2. In a reckless manner;
3. Proximately causing serious bodily
injury to another.

73
Q

Under the Influence

A
  1. Offender operated or drove a motor
    vehicle;
  2. While DUI or DUID or combination of
    alcohol and drugs;
  3. Proximately causing serious bodily
    injury to another
74
Q

Menacing

A
  1. Offender, knowingly placed or
    attempted to place another;
  2. In fear of imminent serious bodily injury;
  3. By threat or physical action (Class 3
    Misdemeanor) or;
  4. By use of a deadly weapon (Class 5
    Felony) or;
  5. Any article used or fashioned in an
    manner to cause a reasonable
    person to believe the article is a deadly
    weapon; or
  6. Offender represents verbally or
    otherwise he is armed with a deadly
    weapon.
75
Q

Felony vs. misdemeanor

A

whether the offender uses a deadly weapon fashioned/verbally advises/acts otherwise.

76
Q

Focus of ________ is the offender’s _____ to cause fear of serious bodily injury. Actual subjective fear of the victim in ____ required.

A
  1. menacing
  2. intent
  3. Not

Jeffco/Lakewood Week 3 (8 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions